Pfender v. Depew
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Friedrich Carl Pfender and others, by their guardian ad litem, Charles S. Guggenheimer, from portions of an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Hew York on the 20th day of September, 1909, confirming the report of a referee.
1Opinion of the Court
Scott, J. :
This appeal presents the question which often recurs, and is frequently difficult to answer, whether or not the word “children” when used in a will should be construed in its primary sense dr in a more general and comprehensive sense as the equivalent of “issue” or “ descendants.” The question arises in an action for partition, and relates to the will of one Hannah Depew.
Joseph Depew, husband of Hannah, died on or about August 26, 1856, seized of certain real property in the city of Hew York. He left surviving his widow Hannah Depew, and sons and daughters. By his will he devised…
2Cases cited6 opinions
- Scott v. . GuernseyNew York Court of Appeals · 1871
- Matter of Estate of BrownNew York Court of Appeals · 1883
- Prowitt v. . RodmanNew York Court of Appeals · 1867
- In Re the Judicial Settlement of the Accounts of PatonNew York Court of Appeals · 1888
- Low v. . HarmonyNew York Court of Appeals · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In re the Estate of WeilNew York Surrogate's Court · 1934
- In re Proving the Last Will & Testament of ToneAppellate Division of the Supreme Court of the State of New York · 1919
- Southbridge Finishing Co. v. GoldingAppellate Division of the Supreme Court of the State of New York · 1956
- Agnew v. McCarthyCalifornia Court of Appeal · 1944
- In re the Accounting of Security Trust Co.New York Surrogate's Court · 1947
11 more not listed; retrieve them via the Exa API.